Terms of service

<h2>The Hall of Pickleball — Terms of Service</h2>
Drafted with the assistance of counsel. Read at your leisure.
OVERVIEW. Now. The law requires me to place this document in front of you,
and so I shall. This website is operated by the Hall of Pickleball. Throughout the site, the
words "we," "us," and "our" refer to the Hall of Pickleball. The Hall offers this website —
and all the information, tools, and Services available from it — to you, the user, conditioned
upon your acceptance of every term, condition, policy, and notice stated here.
By visiting our site, or purchasing something from us, you engage in our "Service" and
agree to be bound by the following terms and conditions (the "Terms of Service," or "Terms"),
including any additional terms and conditions and policies referenced herein or made
available by hyperlink. These Terms apply to all users of the site —
browsers, vendors, customers, merchants, and contributors of content. Whoever you are, if you
are here, you are bound.
Please read these Terms carefully before accessing or using our website. By accessing or
using any part of the site, you agree to be bound by them. If you do not agree to all
of the terms, you may not access the website or use any Services.
Any new features or tools added to the current store shall also be subject to these Terms.
The most current version may be reviewed at any time on this page. We reserve the right to
update, change, or replace any part of these Terms by posting updates and changes to our
website. It is your responsibility to check this page periodically for
changes. Your continued use of, or access to, the website following the posting of
any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform
that allows us to sell our products and Services to you.
<hr>
<h3>SECTION 1 — ONLINE STORE TERMS</h3>
By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence — or that you are the age of
majority and you have given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized purpose, nor
may you, in the use of the Service, violate any laws in your jurisdiction
(including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature. One would think this would not require stating. The law disagrees, and the
law is generally right about these things.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
<hr>
<h3>SECTION 2 — GENERAL CONDITIONS</h3>
We reserve the right to refuse Service to anyone for any reason at any
time. We almost never invoke it. But we hold the right in reserve.
You understand that your content (not including credit card information) may be
transferred unencrypted and involve (a) transmissions over various networks
and (b) changes to conform and adapt to the technical requirements of connecting networks or
devices. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any
portion of the Service, use of the Service, or access to the Service or any contact on the
website through which the Service is provided — without our express written permission.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
<hr>
<h3>SECTION 3 — ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION</h3>
We are not responsible if information made available on this site is not
accurate, complete, or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for making
decisions without consulting primary, more accurate, or more timely sources. Any reliance on
the material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no obligation
to update any information. You agree that it is your responsibility to monitor
changes to our site.
<hr>
<h3>SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES</h3>
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification,
price change, suspension, or discontinuance of the Service.
<hr>
<h3>SECTION 5 — PRODUCTS OR SERVICES (if applicable)</h3>
Certain products or Services may be available exclusively online through the website. These
products or Services may have limited quantities and are subject to return
or exchange only according to our Refund Policy: <a
href="https://shop.hallofpickleball.org/policies/refund-policy"> REFUND POLICY</a>.
We have made every effort to display the colors and images of our products that appear at
the store as accurately as possible. We cannot guarantee that your computer
monitor's display of any color will be accurate. Monitors are unreliable narrators.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region, or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities
of any products or Services that we offer. All descriptions of products or product
pricing are subject to change at any time without notice, at our sole discretion. We
reserve the right to discontinue any product at any time. Any offer for any
product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information,
or other material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
<hr>
<h3>SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION</h3>
We reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same customer
account, the same credit card, or the same billing or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting the email or
billing address, or the phone number, provided at the time the order was made. We reserve the
right to limit or prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information — including your email address, credit card numbers, and
expiration dates — so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: <a
href="https://shop.hallofpickleball.org/policies/refund-policy"> REFUND POLICY</a>.
<hr>
<h3>SECTION 7 — OPTIONAL TOOLS</h3>
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as
available" without any warranties, representations, or conditions of any kind, and
without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your
own risk and discretion. You should ensure that you are familiar with, and approve
of, the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new Services or features through the website (including
the release of new tools and resources). Such new features or Services shall also be
subject to these Terms of Service.
<hr>
<h3>SECTION 8 — THIRD-PARTY LINKS</h3>
Certain content, products, and Services available via our Service may include materials
from third parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating their content
or accuracy, and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other materials,
products, or Services of third parties.
We are not liable for any harm or damages related to the purchase or use
of goods, Services, resources, content, or any other transactions made in connection with any
third-party websites. Please review carefully the third party's policies and practices, and
make certain you understand them before you engage in any transaction. Complaints, claims,
concerns, or questions regarding third-party products should be directed to the third
party.
<hr>
<h3>SECTION 9 — USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS</h3>
If, at our request, you send certain specific submissions (for example, contest entries) —
or, without a request from us, you send creative ideas, suggestions, proposals, plans, or
other materials, whether online, by email, by postal mail, or otherwise (collectively,
"comments") — you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate, and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any
comments.
By way of illustration: I once represented a young man — in 1979 or thereabouts — who
sent a publishing house a manuscript they had not requested. Three years on, they brought out
a novel that bore, shall we say, a familial resemblance. He sued them. The judge called it
convergent evolution. It cost him forty thousand dollars to learn that two people can arrive
at the same idea on opposite ends of the country. A useful lesson. If not an inexpensive
one.
We may, but have no obligation to, monitor, edit, or remove content that
we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's
intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third
party, including copyright, trademark, privacy, personality, or other personal or
proprietary right. You further agree that your comments will not contain libelous or otherwise
unlawful, abusive, or obscene material, or contain any computer virus or other malware. You
may not use a false email address, pretend to be someone other than yourself,
or otherwise mislead us or third parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third party.
<hr>
<h3>SECTION 10 — PERSONAL INFORMATION</h3>
Your submission of personal information through the store is governed by our Privacy
Policy, which can be viewed here: <a
href="https://shop.hallofpickleball.org/policies/privacy-policy"> PRIVACY POLICY</a>.
<hr>
<h3>SECTION 11 — ERRORS, INACCURACIES AND OMISSIONS</h3>
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies, or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times, or
availability. We reserve the right to correct any errors, inaccuracies, or
omissions, and to change or update information or cancel orders if
any information in the Service or on any related website is inaccurate at any time without
prior notice — including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the
Service or on any related website, including without limitation pricing information, except
as required by law. No specified update or refresh date should be taken to indicate that all
information in the Service or on any related website has been modified or updated.
<hr>
<h3>SECTION 12 — PROHIBITED USES</h3>
In addition to other prohibitions set forth in the Terms of Service, you are prohibited
from using the site or its content:
<ul>
<li>(a) for any unlawful purpose;</li>
<li>(b) to solicit others to perform or participate in any unlawful
acts;</li>
<li>(c) to violate any international, federal, provincial, or state regulations,
rules, laws, or local ordinances;</li>
<li>(d) to infringe upon or violate our intellectual property rights or the
intellectual property rights of others;</li>
<li>(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability;</li>
<li>(f) to submit false or misleading information;</li>
<li>(g) to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the functionality or operation of the
Service or of any related website, other websites, or the Internet;</li>
<li>(h) to collect or track the personal information of others;</li>
<li>(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;</li>
<li>(j) for any obscene or immoral purpose; or</li>
<li>(k) to interfere with or circumvent the security features of the Service
or any related website, other websites, or the Internet.</li>
</ul>
We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses. The list is long because it has had to
be.
<hr>
<h3>SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY</h3>
We do not guarantee, represent, or warrant that your use of our Service will be
uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of
the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods
of time, or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your
sole risk. The Service and all products and Services delivered to you through the
Service are (except as expressly stated by us) provided "as is" and "as
available" for your use, without any representation, warranties, or conditions of any
kind, either express or implied — including all implied warranties or conditions of
merchantability, merchantable quality, fitness for a particular purpose, durability, title,
and non-infringement.
In no case shall the Hall of Pickleball, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, Service providers, or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind — including, without limitation,
lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages — whether based in contract, tort (including negligence),
strict liability, or otherwise, arising from your use of any of the Service or any
products procured using the Service, or for any other claim related in any way to your use of
the Service or any product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use of the Service or
any content (or product) posted, transmitted, or otherwise made available via the Service,
even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of
liability for consequential or incidental damages, in such states or jurisdictions our
liability shall be limited to the maximum extent permitted by law. Not a
paddle's-length further.
<hr>
<h3>SECTION 14 — INDEMNIFICATION</h3>
You agree to indemnify, defend, and hold harmless the Hall of Pickleball —
and our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, Service providers, subcontractors, suppliers, interns, and
employees — harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your breach
of these Terms of Service (or the documents they incorporate by reference), or your
violation of any law or the rights of a third party.
In plain terms: if your conduct causes someone to bring an action against the Hall, you
are paying the lawyer. It may be me. It may be one of the younger ones. The result is the
same.
<hr>
<h3>SECTION 15 — SEVERABILITY</h3>
In the event that any provision of these Terms of Service is determined to be
unlawful, void, or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service. Such determination shall not affect the validity and enforceability of any other
remaining provisions. A single broken floorboard does not condemn the house.
<hr>
<h3>SECTION 16 — TERMINATION</h3>
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you no
longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail — or we suspect that you have failed — to comply with
any term or provision of these Terms of Service, we may also terminate this agreement
at any time without notice. You will remain liable for all amounts
due up to and including the date of termination, and we may, accordingly, deny you
access to our Services (or any part thereof).
<hr>
<h3>SECTION 17 — ENTIRE AGREEMENT</h3>
The failure of us to exercise or enforce any right or provision of these Terms of Service
shall not constitute a waiver of such right or provision.
These Terms of Service, and any policies or operating rules posted by us on this site or in
respect to the Service, constitute the entire agreement and understanding
between you and us, and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications, and proposals — whether oral or written — between
you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party. The drafting party, in this instance, being me.
I would appreciate the courtesy.
<hr>
<h3>SECTION 18 — GOVERNING LAW</h3>
These Terms of Service, and any separate agreements whereby we provide you Services, shall
be governed by and construed in accordance with the laws of the United
States.
<hr>
<h3>SECTION 19 — CHANGES TO TERMS OF SERVICE</h3>
The most current version of these Terms of Service may be reviewed at any time on this
page.
We reserve the right, at our sole discretion, to update, change, or
replace any part of these Terms of Service by posting updates and changes to our website. It
is your responsibility to check this page periodically for changes. Your
continued use of, or access to, our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those
changes.
<hr>
<h3>SECTION 20 — CONTACT INFORMATION</h3>
Questions about the Terms of Service should be sent to us at:
Email: Questions@HallofPickleball.org Phone: +1
517-490-2152
— Counsel for the Hall

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